Tennessee Code Annotated
Tenn. Code Ann. § 47-50-112 (2026)
Contracts to be enforced as written
✓ current as of May 2026
- (a) All contracts, including, but not limited to, notes, security agreements, deeds of trust, and installment sales contracts, in writing and signed by the party to be bound, including endorsements thereon, shall be prima facie evidence that the contract contains the true intention of the parties, and shall be enforced as written; provided, that nothing herein shall limit the right of any party to contest the agreement on the basis it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts.
- (b) Any contract, security agreement, note, deed of trust, or other security instrument, in writing and signed or endorsed by the party to be bound, that provides that the security interest granted therein also secures other provisions or future indebtedness, regardless of the class of other indebtedness, be it unsecured, commercial, credit card, or consumer indebtedness, shall be deemed to evidence the true intentions of the parties, and shall be enforced as written; provided, that nothing herein shall limit the right of any party to contest the agreement on the basis that it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts.
- (c) If any such security agreement, note, deed of trust, or other contract contains a provision to the effect that no waiver of any terms or provisions thereof shall be valid unless such waiver is in writing, no court shall give effect to any such waiver unless it is in writing.
Acts 1983, ch. 457, § 1; T.C.A., § 47-15-116.
Notes of Decisions
Cited in 46
cases (4 in the last 5 years), 1986–2025 · leading case: Realty Shop, Inc. v. RR Westminster Holding, Inc., 7 S.W.3d 581 (Tenn. Ct. App. 1999).
Realty Shop, Inc. v. RR Westminster Holding, Inc., 7 S.W.3d 581 (Tenn. Ct. App. 1999). “Thus, the language of paragraph sixteen of the option agreement does not have the same legal significance as the language in Tenn. Code Ann. § 47-50-112 (c). The language of paragraph sixteen is not sufficiently similar to Tenn.”
Crye-Leike, Inc. v. Sarah A. Carver, 415 S.W.3d 808 (Tenn. Ct. App. 2011). “” Tenn. Code Ann. § 47-50-112 (c) (2001) (emphasis added).”
Tidwell v. Morgan Bldg. Sys., Inc., 840 S.W.2d 373 (Tenn. Ct. App. 1992). “In support of this contention, Defendant cites T.C.A. § 47-50-112 and an unpublished opinion of this Court, Barnett v.”
Moody Realty Co., Inc. v. Huestis, 237 S.W.3d 666 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 47-50-112(a) (2001). Mr.”
Willie v. First Am. Nat'l Bank (In Re Willie), 157 B.R. 623 (Bankr. M.D. Tenn. 1993). “On March 9, 1990, the debtor and her non-debtor husband borrowed $30,000 from First American National Bank (“FANB”).”
In Re Rachels Indus., Inc., 109 B.R. 797 (Bankr. W.D. Tenn. 1990). “Section 47-50-112(a). 4 Moreover, under Tennessee law, “in the absence of fraud or mistake, a contract must be interpreted and enforced as written even though it contains terms which may be thought harsh and unjust.”
Spectra Plastics, Inc. v. Nashoba Bank, 15 S.W.3d 832 (Tenn. Ct. App. 1999). “” Tenn.Code Ann. § 47-50-112(c) (1995) (emphasis added).”
In Re Memphis-Friday's Assocs., 88 B.R. 830 (Bankr. W.D. Tenn. 1988). “Section 47-50-112(a). 4 Moreover, under Tennessee law, “in the absence of fraud or mistake, a contract must be interpreted and enforced as written even though it contains terms which may be thought harsh and unjust.”
Pyramid Operating Auth., Inc. v. City of Memphis (In Re Pyramid Operating Auth., Inc.), 144 B.R. 795 (Bankr. W.D. Tenn. 1992). “1986); Tenn.Code Ann. § 47-50-112(a) 18 . In construing contracts, the intention of the parties as ascertained from the language of the instrument controls.”
AmeriGas Propane, Inc. v. Crook, 844 F. Supp. 379 (M.D. Tenn. 1993). “Public Interest Public policy supports the enforcement of Crook’s and Jenkins’s post-employment agreements.”
Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002). “erein also secures other provisions or future indebtedness, regardless of the class of other indebtedness, be it unsecured, commercial, credit card, or consumer indebtedness, shall be deemed to evidence the true intentions of the parties, and shall be enforced as written;…”
Payne v. First Cmty. Bank (In re Payne), 523 B.R. 560 (Bankr. E.D. Tenn. 2014). “Tenn.Code Ann. § 47-50-112(b) provides: Any contract, security agreement, note, deed of trust, or other security instrument, in writing and signed or endorsed by the party to be bound, that provides that the security interest granted therein also secures other provisions or…”
— Tenn. Code Ann. § 47-50-112(a) — 15 cases
Moody Realty Co., Inc. v. Huestis, 237 S.W.3d 666 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 47-50-112(a) (2001). Mr.”
In Re Rachels Indus., Inc., 109 B.R. 797 (Bankr. W.D. Tenn. 1990). “Section 47-50-112(a). 4 Moreover, under Tennessee law, “in the absence of fraud or mistake, a contract must be interpreted and enforced as written even though it contains terms which may be thought harsh and unjust.”
In Re Memphis-Friday's Assocs., 88 B.R. 830 (Bankr. W.D. Tenn. 1988). “Section 47-50-112(a). 4 Moreover, under Tennessee law, “in the absence of fraud or mistake, a contract must be interpreted and enforced as written even though it contains terms which may be thought harsh and unjust.”
Pyramid Operating Auth., Inc. v. City of Memphis (In Re Pyramid Operating Auth., Inc.), 144 B.R. 795 (Bankr. W.D. Tenn. 1992). “1986); Tenn.Code Ann. § 47-50-112(a) 18 . In construing contracts, the intention of the parties as ascertained from the language of the instrument controls.”
AmeriGas Propane, Inc. v. Crook, 844 F. Supp. 379 (M.D. Tenn. 1993). “Public Interest Public policy supports the enforcement of Crook’s and Jenkins’s post-employment agreements.”
— Tenn. Code Ann. § 47-50-112(b) — 5 cases
Willie v. First Am. Nat'l Bank (In Re Willie), 157 B.R. 623 (Bankr. M.D. Tenn. 1993). “On March 9, 1990, the debtor and her non-debtor husband borrowed $30,000 from First American National Bank (“FANB”).”
Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002). “erein also secures other provisions or future indebtedness, regardless of the class of other indebtedness, be it unsecured, commercial, credit card, or consumer indebtedness, shall be deemed to evidence the true intentions of the parties, and shall be enforced as written;…”
Payne v. First Cmty. Bank (In re Payne), 523 B.R. 560 (Bankr. E.D. Tenn. 2014). “Tenn.Code Ann. § 47-50-112(b) provides: Any contract, security agreement, note, deed of trust, or other security instrument, in writing and signed or endorsed by the party to be bound, that provides that the security interest granted therein also secures other provisions or…”
In Re Lemka, 201 B.R. 765 (Bankr. E.D. Tenn. 1996).
Cox v. Union Cnty. Bank (In Re Cox), 57 B.R. 290 (Bankr. E.D. Tenn. 1986).
— Tenn. Code Ann. § 47-50-112(c) — 7 cases
Realty Shop, Inc. v. RR Westminster Holding, Inc., 7 S.W.3d 581 (Tenn. Ct. App. 1999). “Thus, the language of paragraph sixteen of the option agreement does not have the same legal significance as the language in Tenn. Code Ann. § 47-50-112 (c). The language of paragraph sixteen is not sufficiently similar to Tenn.”
Crye-Leike, Inc. v. Sarah A. Carver, 415 S.W.3d 808 (Tenn. Ct. App. 2011). “” Tenn. Code Ann. § 47-50-112 (c) (2001) (emphasis added).”
Spectra Plastics, Inc. v. Nashoba Bank, 15 S.W.3d 832 (Tenn. Ct. App. 1999). “” Tenn.Code Ann. § 47-50-112(c) (1995) (emphasis added).”
Tidwell v. Morgan Bldg. Sys., Inc., 840 S.W.2d 373 (Tenn. Ct. App. 1992). “In support of this contention, Defendant cites T.C.A. § 47-50-112 and an unpublished opinion of this Court, Barnett v.”
Ahmad Vakili v. Randy Hawkersmith (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 47-50-112(e) — 1 case
Realty Shop, Inc. v. RR Westminster Holding, Inc., 7 S.W.3d 581 (Tenn. Ct. App. 1999). “Thus, the language of paragraph sixteen of the option agreement does not have the same legal significance as the language in Tenn. Code Ann. § 47-50-112 (c). The language of paragraph sixteen is not sufficiently similar to Tenn.”
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